In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 13

MOTION to Consolidate Cases PURSUANT TO RULE 42(a); APPOINT INTERIM CLASS COUNSEL PURUANT TO RULE 23(g) filed by Perrin Aikens Davis. Motion Hearing set for 3/30/2012 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 3/30/2012. Replies due by 3/30/2012. (Attachments: # 1 Exhibit A, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Kiesel, Paul) (Filed on 3/28/2012)

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EXHIBIT A

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BIOGRAPHIES OF PROPOSED LEAD COUNSEL

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I.

The Executive Committee: The Moving Plaintiffs propose that the consolidated

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action be co-led by two firms.
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A. BARTIMUS, FRICKLETON, ROBERTSON & GORNY, P.C.
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Since its beginning over two decades ago, Bartimus, Frickleton, Robertson & Gorny, P.C.
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has devoted itself to complex, often high stakes litigation. From mass torts to class actions, from
medical malpractice to products liability, from railroad crossing and aviation cases to the
prosecution of drug injury cases, the firm has served its clients with lawyers devoted to
excellence in representation of those who entrust their legal matters to us.
The firm’s class action practice has resulted in BFRG lawyers accepting leadership
responsibility for class actions involving claims of consumer fraud by cell phone companies,
damage to real estate from hydrocarbon spills, illegal hotel energy surcharges, faulty air bag

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installations by General Motors and hospital overcharges of the medically indigent. In addition,

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BFRG has done something few firms have ever done – actually tried a mass tort class action to a

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jury to verdict.

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Along the way, the firm has been acclaimed as ladies and gentlemen who fight hard but

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fairly. Our work has earned us the respect of our opponents, so much so that a major insurance

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company asked that we represent them in class action litigation and a major materials company

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asked that we participate in major tort and injunctive litigation.

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Representative Litigation:

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In re AT&T Mobility Sales Tax Litigation. Bartimus, Frickleton, Robertson & Gorny was
appointed lead counsel in this consolidated case before the Honorable Amy St. Eve, District
Judge for the Northern district of Illinois. In the summer of 2010 the firm presented a proposed
settlement of the case to Judge St. Eve, which was ultimately given final approval in August of
2011 and resulted in a cooperative effort between the Settlement Class and AT&T Mobility to
seek recovery of over $1.1 Billion in sales and other taxes that were remitted to some 1200 taxing
jurisdictions throughout the United States and its territories. In addition, the settlement resulted
in the cessation of the collection of the taxes in question which represented a present value to the
Settlement Class of over $2 Billion.

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State of Missouri ex rel. Nixon v. American Tobacco Co., In 1998, the Attorney General of

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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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Missouri chose the Bartimus firm to act as the lead firm for both the motions and appellate
practice and all medical aspects of the tobacco litigation by which the State of Missouri sought
recovery for its damages resulting from the sale of tobacco products to Missouri’s citizens. The
case resulted in a settlement in which Missouri will receive $6.4 billion.
Rodriguez v. Hogan Transportation, Inc. The firm received a $46 million verdict on
behalf of the families of two persons killed in a truck collision. The verdict is the largest wrongful
death verdict not involving punitive damages in Missouri’s history.
Blando v. Nextel. The firm served as co-lead counsel for class action alleging Nextel’s
improper collection of a so-called federal program cost recovery fee falsely designated as a tax on
bills to customers. Value of settlement exceeded $225 million.
Benney v. Sprint. Firm served as co-lead counsel in class action against Sprint for
improper collection of E-911, wireless number portability and telephone number pooling charge.
Settlement valued at more than $250 million.
Class Actions for Uninsured Hospital Patients. Co-lead counsel in class actions filed in
California and Missouri against charitable hospitals that overcharged uninsured patients. The
nearly $300 million in settlements resulted in wholesale modification of the hospitals’ charitable
care policies and refunds to persons who had overpaid on their hospital bills.

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Hudspeth v. Lake Quivira. $20 Million verdict for victim of an accident at a residential
lake community who was rendered quadriplegic while diving into the lake
Clement v. Hammons Hotels, Inc. Regional class action on behalf of persons improperly
charged an energy surcharge as guests of Hammons Hotels. Firm served as co-lead counsel.
Settlement valued at $10 million.
Doyle v. Doe Run. Class action certified against largest lead smelter in the United States
for property damage. Litigation pending. Firm serves as lead motions and appellate counsel.

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Fen-Phen Litigation. Firm represented over 2,000 persons injured as a result of the use of
diet drug.
Average Wholesale Price Litigation. The Firm represents the State of Kansas in this
litigation charging drug companies with overcharging Medicaid recipients for drugs and other
health-care related devices. To date settlements totaling in excess of $40,000,000.00 have been
secured and are prosecuting approximately 25 additional cases.

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September 11 Airline Litigation. Firm served as part of the team representing airline
victims of the September 11 terrorist attacks.
Courtney Pharmaceutical Litigation. Firm represented and obtained settlement from drug
manufacturers for over 50 clients who had received diluted chemotherapy drugs from
pharmacists. Settlement for all victims exceeded $60 million.
Ford v. General Motors. Co-lead counsel in breach of warranty claims against General
Motors for improper design of airbag system in certain P-90 platform vehicles.

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All told, the value of the firms’ verdicts and settlements in class action, personal injury
and medical malpractice actions exceed $4 billion.
From the firm the following individuals will be responsible for handling this case.

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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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Edward D. Robertson, Jr. Chip Robertson is the former Chief Justice of the Missouri

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Supreme Court. He served as a member of the State’s highest Court for 13 years, having been

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appointed to that Court after serving as the Deputy Attorney General of Missouri and later as

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Governor John Ashcroft’s Chief of Staff. As Deputy Attorney General of Missouri, Robertson

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oversaw the entirety of the state of Missouri’s litigation, was deeply involved in the management

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of that litigation and, particularly relevant to the issues raised in this case, helped build the

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Attorney General’s Consumer Protection Division into a fully operational and highly effective

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protector of Missouri’s consumers. In addition to serving as the lead counsel in a number of cell

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phone and other class actions, Robertson was also named liaison counsel in the Organic Milk

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MDL before Judge Richard Webber in St. Louis.
James P. Frickleton. Jim Frickleton has practiced law in the Kansas City area for nearly

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twenty seven years, creating an enviable record as a trial lawyer, educator and Bar leader. Jim

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taught trial advocacy at the University of Missouri-Kansas City Law School for eight years and is

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a frequent lecturer at local and national CLE programs. He is a past president of the 5000

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member Kansas City Metropolitan Bar Association. During his career Jim has garnered

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numerous professional honors and awards. For the last two years he has been named as one of

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the “Top Ten” lawyers in all of Missouri and Kansas by the Super Lawyers magazine.

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Jim is a fellow of the American College of Trial Lawyers, a member of the American

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Board of Trial Advocates (ABOTA), and is a Fellow in the International Society of Barristers..

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He has served on the Missouri Supreme Court Committee for Civil Jury Instructions for the last

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twenty years. Jim has tried in excess of fifty jury trials in a variety of jurisdictions, including

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Missouri, Kansas, Oklahoma, California, South Carolina and Maryland.

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Mary Doerhoff Winter. Mary Winter has focused her law practice in the areas of class

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actions, appellate practice and government relations for over twenty years. Prior to joining

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Bartimus, Frickleton, Robertson & Gorny, Mary had her own law practice, The Winter Group,

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P.C. Her legal and legislative clients included the Missouri State Tobacco Recovery Project,

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Bartimus, Frickleton, Robertson & Obetz, The Strong Law Firm, Mid-America Health, and the

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Workforce Development Transition Team for Missouri Governor Carnahan. She has also worked
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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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as general counsel and director of legislative affairs to the Missouri Department of Economic

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Development and as general counsel to the Missouri Chamber of Commerce. In 1990, she was

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judicial clerk to Missouri Supreme Court Chief Justice Edward D. Robertson, Jr.

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Mary has served as the Chairman of the Missouri Bar Association’s Tort Law Committee

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and as Associate Editor of the Tort Law Section of the Missouri Bar’s Courts and CLE Bulletin.

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Her experience in class action litigation and working knowledge of state governmental affairs are

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of unique value to this case.

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B. SIANNI & STRAITE LLP
As noted in the attached motion, the lawyers at Sianni & Straite LLP plan to join another

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firm commencing May 1, 2012, and at that time would seek to substitute the successor firm as co-

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lead counsel for the putative class. A separate brief outlining the qualifications of the successor

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firm can be provided under seal at the request of the Court. Both David A. Straite and Ralph N.

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Sianni would be assigned to this case both before and after the May 1, 2012 move, and additional

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attorneys at the new firm will be assigned after May 1 as well.

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Sianni & Straite is a Delaware-based litigation firm focusing on investor protection

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litigation, consumer and privacy class actions and general litigation. Current digital privacy cases

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include Soble v. Google Inc., 12-cv-200-SLR (D. Del.) and Pacilli v. Carrier IQ, Inc., 11-cv-

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1199-SLR (D. Del.). Sianni & Straite was also recently appointed Liaison Counsel by the

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Delaware Court of Chancery in the Advance America shareholder class action, is acting as

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additional plaintiffs’ counsel in two securities class actions (Peters v. JinkoSolar Holding Co.,

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Ltd., 11-cv-7133-JPO (S.D.N.Y.) and Handal v. State Street Bank and Trust Co., 12-cv-10069-

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NMG (S.D.N.Y.)) and recently secured a victory on behalf of LoanHD, Inc. in the Delaware

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Court of Chancery in a Section 225 action for control of the company.

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David A. Straite. David Straite is co-founder of Sianni & Straite LLP and works in both

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Delaware and New York. He has represented some of the largest investors in the United States

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and Europe in all aspects of investor protection litigation, including corporate governance and

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shareholder derivative actions, hedge fund disputes, and securities actions. He has also advised

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investors and multinational corporations during HSR and CFIUS premerger reviews, represented
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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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consumers in digital privacy actions, and has assisted on several complex antitrust disputes in the

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United States. In the current MDL, David filed the motion to consolidate and transfer the related

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actions, drafted all briefs filed with the JPML in opposition to Facebook’s attempt to change the

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caption of the case, and argued Plaintiffs’ position at the January JPML hearing, securing a

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decision in favor of Plaintiffs on the issue.

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Prior to founding Sianni & Straite, David was associated with the Delaware office of a

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national investor protection litigation boutique, representing institutional and individual investors

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primarily in disputes against financial institutions. He was also an associate for more than six

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years in the antitrust department in Skadden Arps’ New York office, where he focused on section

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7 of the Clayton Act, HSR premerger notification under section 7A, criminal antitrust grand jury

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investigations, civil regulatory investigations by the DOJ and FTC, and class action antitrust

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litigation. David was also a litigation associate in Philadelphia, defending claims against air

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carriers and avionics components manufacturers.

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David is a 1996 magna cum laude graduate of the Villanova University School of Law,

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where he was a member of the Order of the Coif and the St. Thomas More Society. As managing

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editor of the Villanova Law Review, he organized a symposium on International Regulation of

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Emerging Computer Technology. David is also a 1993 graduate of the Murphy Institute of

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Political Economy at Tulane University in New Orleans.

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David recently authored Netherlands: Amsterdam Court of Appeal Approves

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Groundbreaking Global Settlements Under the Dutch Act on the Collective Settlement of Mass

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Claims, in The International Lawyer’s annual “International Legal Developments in Review”

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(2009); was a contributing author to Dabbah and Lasok’s Merger Control Worldwide (2005); and

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contributed to four annual supplements (2002-2005) of the seminal premerger treatise,

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Acquisitions Under the Hart-Scott-Rodino Antitrust Improvements Act by Axinn, Fogg, Stoll &

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Prager. David is a member of the Delaware State Bar Association, the ABA Section of

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International Law (Europe Committee, and International Securities and Capital Markets

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Committee) and ABA Section of Litigation; and The Royal Society of St. George, Delaware

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Chapter.
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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

Ralph N. Sianni. Ralph Sianni is co-founder of Sianni & Straite LLP and resident in the

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firm’s Delaware office. Mr. Sianni is experienced in complex commercial litigation, including

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securities, antitrust, corporate governance and breach of fiduciary duty cases in numerous state

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and federal courts. His experience includes representing shareholders and investors in cases

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involving complex mergers and acquisitions, accounting fraud and stock option backdating. Mr.

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Sianni is also experienced in matters of Delaware corporate law and has represented both

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Delaware corporations and shareholders of Delaware corporations in connection with various

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matters under the Delaware General Corporations Law.
Prior to founding Sianni & Straite, Mr. Sianni refined his litigation skills at law firms in

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Delaware and Philadelphia. During his tenure at two nationally-known firms, Mr. Sianni

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represented both individual investors and institutional investors in numerous litigation matters in

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state and federal courts throughout the United States. Mr. Sianni was also a member of a team of

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lawyers who appealed a prisoner's civil rights case all the way to the United States Supreme

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Court.
Prior to entering private practice, Mr. Sianni served as a law clerk to the Hon. Stephen J.

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McEwen, Jr., President Judge of the Pennsylvania Superior Court. At the American Civil

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Liberties Union of Pennsylvania, Mr. Sianni advised the Pennsylvania legislature on First

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Amendment issues, including issues concerning censorship and free speech as related to recorded

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music.

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Mr. Sianni is a member of the bar for the State of Delaware, the State of New York, the

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Commonwealth of Pennsylvania, the District of Columbia, and various federal courts including

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the Supreme Court of the United States. Mr. Sianni earned his law degree from the Boston

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University School of Law, where he served as an editor of the Boston University Public Interest

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Law Journal. He also earned an M.A. in History from Yale University and a B.A. in History from

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the University of Pennsylvania, where he concentrated his studies on American legal and

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constitutional history. Mr. Sianni is a member of the Delaware State Bar Association, the New

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York State Bar Association, the Federalist Society, the Supreme Court Historical Society, the St.

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Thomas More Society, the Justinian Society, and the Royal Society of St. George, Delaware
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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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Chapter.
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Plaintiffs’ Steering Committee: The Moving Plaintiffs propose the formation of

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a steering committee to assist co-lead counsel at the direction of co-lead counsel. The PSC would

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consist of seven attorneys and their firms:

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A. STEPHEN M. GORNY
Steve Gorny is a Partner in proposed co-lead counsel Bartimus, Frickleton, Robertson &

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Gorny, P.C., and would serve on the Steering Committee under the proposed leadership structure.

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Steve has practiced law in Kansas and Missouri for 18 years. Steve started his career at a large

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defense firm in the Kansas City area. He joined Bartimus, Frickleton, Robertson & Gorny in 1998

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and has focused his career on product liability claims, transportation incidents, and business torts.

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He has resolved numerous multi-million dollar cases by way of verdict and settlement. He has

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served on the Board of Governors of the Missouri Trial Attorneys since 1999, and currently sits

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as an elected member of its Executive Committee. Steve has served as the Torts Law Chairman

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for the Kansas City Metropolitan Bar Association. He is a frequent lecturer on litigation topics

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both locally and around the country.

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Steve has been listed in Best Lawyers in America for the past five years, has been a

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Kansas and Missouri Super Lawyer for the past six years, and is frequently selected as “Best of

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the Bar” in Kansas City. He is a Top 100 Trial Lawyer as designated by The American Trial

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Lawyers Association. He is a past president of the Mid-America Chapter of the Leukemia and

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Lymphoma Society and has received numerous awards for his service and fundraising efforts on

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behalf of the organization.

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B. STEPHEN G. GRYGIEL

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Stephen G. Grygiel is a member and co-chair of the Keefe Bartels Class Action

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Department. Steve Grygiel’s class action and complex litigation practice focuses primarily on

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consumer and other class actions, shareholder rights, and securities and corporate governance.

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Steve has successfully litigated and tried shareholder dissolution and shareholder rights cases and

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injunction actions, bankruptcy court adversary proceedings (recoupment and debtor fraud), and

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many other corporate and commercial matters. These include In re Sprint Corp. Shareholders
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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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Litig. (Dist. Ct., Johnson Cty., Kansas, 04-CV-01714) (tracking stock recombination; $57.5

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Million settlement); In re New York Stock Exchange/Archipelago Merger Litig. (N.Y. Sup. Ct.,

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Index No. 601646/05); In re Marsh & McLennan Companies, Inc. Sec. Litig. (S.D.N.Y. 04-CV-

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08144) (securities fraud; $400 Million Settlement); In La. Mun. Police and Employees Retirement

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System, et al. on behalf of Shareholders of Caremark RX (Del. Ct. Chan. 2635-CC).

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Steve has written and spoken on numerous topics, including the implications of the

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Supreme Court's Twombly and Iqbal rulings for third party payor cost-recovery pharmaceutical

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litigation, the Class Action Fairness Act, ethical issues in class action practice, and the Supreme

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Court's Stoneridge and Tellabs decisions.

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AV rated by Martindale-Hubbell, Steve graduated from Hamilton College (magna cum

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laude, Phi Beta Kappa, 1979) and from Harvard Law School (1986). Steve clerked for the Chief

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Justice of Maine's Supreme Judicial Court before entering practice. Steve is admitted in Maine,

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Massachusetts, Delaware and New York.

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Steve is a partner in Keefe Bartels LLC. With offices throughout New Jersey in Red

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Bank, Newark, and New Brunswick, Keefe Bartels aggressively pursues maximum recoveries in

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plaintiffs’ litigation including products liability, general negligence, class actions, environmental

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pollution, and employment and consumer fraud. The firm’s geographic diversity assures fast

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access to all Federal and State Courts and various business centers throughout New Jersey, New

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York, and Pennsylvania.

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Keefe Bartels has the experience, skill and competence to investigate, litigate and

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victoriously try the hardest cases, including class actions and complex civil litigation. The firm’s

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attorneys have handled numerous mass tort and class matters including Rezulin, Diet-Drug,

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Breast Implant, Vioxx and Asbestos litigation. John E. Keefe, Jr., a managing partner and

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Certified Civil Trial Attorney who will be assisting Steve, was appointed plaintiffs’ co-lead

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counsel in the historic consumer fraud national class action, Talalai v. Cooper Tire & Rubber Co.,

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the settlement of which is valued at between one billion ($1,000,000,000) and three billion

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($3,000,000,000) dollars to consumers. As part of preliminary settlement approval, the Talalai

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Court described Mr. Keefe’s firm as well-versed in the field of complex mass tort litigation. See
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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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Talalai v. Cooper Tire & Rubber Co., MID-l-8839-00, slip op. at 13 (October 30, 2001). The

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firm has been involved in numerous mass tort litigation matters in recent years including

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asbestos/mesothelioma, diet drug, breast implant, Propulsid® and Rezulin®, John Keefe, Jr., Esq.

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heads the firm’s plaintiff personal injury department. Steve will also be assisted by Jennifer

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Harwood, an associate in the firm. Jennifer has consistently been named a "New Jersey Rising

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Stars Super Lawyer" for the years 2007, 2008, 2009 and 2010 by New Jersey Monthly Magazine,

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an honor that only 2.5% of all lawyers in New Jersey receive annually. In her free time, Jennifer

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volunteers as a Court Appointed Special Advocate responsible for watching over and advocating

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for abused and neglected children in the foster care system.

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C. ANDREW J. LYSKOWSKI
Andrew Lyskowski filed the first action against Defendant Facebook in the country and a

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majority of the subsequent cases are based on that complaint. Mr. Lyskowski has concurrent

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Wiretap Act cases pending against Google Inc. (MDL # 2358, Martorana v. Google Inc., Case

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No. 2:12-cv-00222-MJW (W.D. Mo.)). He previously originated the first in a series of Drivers

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Privacy Protection Act cases which were resolved prior to trial in Missouri. See Robert v. The

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Source for Public Data, Case No. 2:08-cv-04167-NKL (W.D. Mo.) and prior to private practice

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served as an assistant attorney general for the State of Missouri.

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Since the filing of this action Andrew Lyskowski has conducted extensive research in both

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the development and application of the governing laws as well as a comprehensive overview of

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existing caselaw in the area. Additionally, he has extensive experience in both computer

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hardware, software and effective usage of the internet in areas that intersect with our actionable

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laws and will be helpful in both drafting and discovery. Early in the litigation Lyskowski sent a

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spoliation letter to the Defendant explicitly itemizing exactly which electronic data required

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preservation in furtherance of future electronic discovery.

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Up until this point Andrew Lyskowski has spent a portion of each work day researching

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the issues, surveying the relevant media, contacting various sources and otherwise is dedicated to

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working towards effective and efficient resolution of this matter. He attended the MDL hearing

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in Miami and helped coordinate the filing of 15 similar actions around the country. In addition,
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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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Counsel is working with the other attorneys in his own office Bergmanis Law Firm with a

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combined 45 years of experience and the attorneys at Barnes and Associates who co-filed this

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action to effectively and efficiently maintain this action. Our firms have discussed and are

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prepared to commit to support the financial cost of this litigation as well.

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D. BARRY R. EICHEN
Mr. Eichen has been recognized for his professional accomplishments, including his

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selection as one of the “Top 100 Lawyers” by Super Lawyers, his membership in the Million

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Dollars Advocate Forum, service on the Board of Governors of NJAJ, and teaching at numerous

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seminars. He is also listed in Ten Leaders of Civil Trial & Personal Injury Law of New Jersey and

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has sat on the steering committees of the Phen-Fen and Rezulin drug litigations. Mr. Eichen was

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retained as co-trial counsel when the Commonwealth of Pennsylvania needed a trial lawyer to try

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its case against several pharmaceutical companies for fraudulent billing practices. The case had

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been litigated for over ten years before the Commonwealth called upon Mr. Eichen and the

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verdict of $51 million was not only one of the largest in Pennsylvania, but it acted as the catalyst

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for several other recoveries the Commonwealth obtained from other pharmaceutical companies in

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similar litigation in which Mr. Eichen was co-counsel for the Commonwealth. Another of his

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successes at trial includes what is believed to be the largest FELA verdict for a client who

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suffered from pulmonary fibrosis.

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Mr. Eichen is a founding partner of Eichen Crutchlow Zaslow & McElroy, LLP, a leading

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Plaintiff’s law firm, based in New Jersey, with offices in Edison, Red Bank and Toms River.

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Over the last 10 years, the firm’s attorneys have recovered more than 550 million dollars in jury

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verdicts and settlements. The firm specializes in medical malpractice, catastrophic personal

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injury, mass torts, class actions, and consumer fraud litigation.

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In addition to hundreds of individual cases, the firm has been involved in numerous class

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action litigations including: Co-Lead Counsel In re Schering-Plough Corp.; Intron/Temodar

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Consumer Class Action; Steering Committee Member Vytorin Litigation; Steering Committee

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Phen-Fen Drug Litigation; Lead of NJ State Steering Committee In re Rezulin Drug Litigation;

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In re Plasma Derivative Blood Protein Therapies Antitrust Litigation; In re Wellpoint, Inc. Outof10

MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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Network “UCR” Rates Litigation; Lozinak v. The Pep Boys -- Manny Moe & Jack; Dyer v.

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Wakefern Food Corp. and Chandra v. Metro Honda Consumer Fraud Litigation.

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Members of the firm have participated in precedent-setting consumer class action

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litigation, including Ting v. AT&T, 182 F. Supp.2d 902 (N.D. Cal. 2002), 319 F.3d 1126 (9th Cir.

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2003) (interaction of Federal Arbitration Act and doctrine of unconscionability regarding

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arbitration clauses prohibiting consumer class actions); as well as Toppings v. Meritech Mortgage

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Services, 569 S.E.2d 149 (W.Va. 2002); and Ex rel. Dunlap, 567 S.E.2d 265 (W.Va. 2002). The

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firm has also been among those approved by the New Jersey Attorney General as qualified to

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represent the State against polluters in Natural Resource Damages Super Fund litigation. Firm

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members have also participated in writing and preparing litigation manuals such as those in the

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National Consumer Law Center/ Trial Lawyers for Public Justice Consumer & Credit Legal Sales

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Practices Series. See Acknowledgment to Consumer Arbitration Agreements: Enforceability and

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Other Topics, Second Edition.

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Through representation in numerous precedent setting cases, jury verdicts, and

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settlements, Eichen Crutchlow Zaslow & McElroy, LLP has earned a national reputation. Firm

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partners have been asked to speak to national audiences on various aspects of medical

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malpractice, products liability and trial skills, and have been recognized for their professional

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accomplishments by inclusion in The Best Lawyers in America, and the “Top 100 Lawyers” in

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publications such as Super Lawyers. Their verdicts have been included in the National Law

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Journal’s “Top 100 Verdicts.” Partners of the Firm have served on the Board of Governors of

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NJAJ and on steering committees of the Phen-Fen and Rezulin drug litigation cases. The Firm is

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also an active participant in other mass torts, including, but not limited to, the Fosamax and

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Neurontin drug litigation.

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Mr. Eichen will also be assisted in his Steering Committee duties by two attorneys at the

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firm. William O. Crutchlow is a Certified Civil Trial Attorney and is a life member of the Multi-

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Million Dollar Advocates Forum. He focuses on medical malpractice and complex personal

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injury cases and regularly lectures on these subjects. Some of Mr. Crutchlow’s notable recoveries

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include an $18 million verdict on behalf of a chemotherapy patient, a $9.6 million settlement on
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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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behalf of a baby who sustained brain damage as a result of the physician’s mismanagement of a

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twin pregnancy and several other multimillion dollar verdicts and recoveries. He also secured a

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$1.8 million settlement for a child who sustained an Erb’s palsy injury at birth. Mr. Crutchlow

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previously served as a member of the Supreme Court of New Jersey District X Ethics Committee

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and he has also been consistently recognized as a New Jersey Super Lawyer.

6

Daryl L. Zaslow is included in the Best Lawyers in America, The National Trial Lawyers

7

list of Top 100 Trial Lawyers and New York Area’s Top Attorneys. He has been named to the

8

Top 100 in New Jersey Super Lawyers’ list of Top 100 Lawyers and is listed in Ten Leaders of

9

Civil Trial & Personal Injury Law of New Jersey, Age 45 & Under. He concentrates his practice

10

in various areas of medical malpractice, including obstetrical malpractice, failures in prenatal

11

diagnosis of birth defects and failures to diagnose cancer cases. He also represents victims in

12

wrongful death and significant personal injury cases. Mr. Zaslow was appointed to the Advisory

13

Board of The National Crime Victim Bar Association, a national organization devoted to

14

providing support to attorneys representing crime victims in civil actions. In the last several

15

years, Mr. Zaslow has obtained several multimillion dollar verdicts for his clients. Some of these

16

verdicts include a $5.5 million verdict in an Erb’s Palsy Shoulder Dystocia case and an $8.2

17

million verdict in a wrongful birth malpractice case in which Mr. Zaslow represented a 4 year old

18

child with Down syndrome. Mr. Zaslow is a frequent lecturer for the American Association for

19

Justice, the New Jersey Association for Justice and for the New Jersey Institute for Continuing

20

Legal Education on subjects including medical malpractice, wrongful birth and trial practice.

21
22

E. MARK S. MANDELL
Mandell, Schwartz & Boisclair is a Plaintiff-oriented civil litigation boutique firm with

23

extensive experience in managing complex civil cases from initial case preparation through trial

24

and beyond. Most recently, the firm’s Senior Partner, Mark Mandell, has served as the court-

25

appointed Co-Chair of the Plaintiffs’ Steering Committee in the Station Nightclub Fire litigation

26

pending in the United Stated District Court for the District of Rhode Island. As this litigation

27

progressed, he was additionally appointed as Co-Chair of the Ad Hoc Committee regarding foam,

28

Chairperson of the Plaintiffs’ Discovery Committee, and Chairperson of the Plaintiffs’ Settlement
12

MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

1
2

Committee.
The Station Nightclub Fire litigation arose from a fire ignited by a pyrotechnics display

3

inside the overcrowded Station Nightclub in 2003. This fire killed 100 people and seriously

4

injured hundreds of others. Under Mark Mandell’s leadership, the Plaintiffs’ Steering Committee

5

negotiated a settlement of over $176 million dollars for the Station Fire plaintiffs and their

6

families. Mr. Mandell was instrumental in advocating for an efficient and cost-effective

7

settlement allocation and distribution process utilizing a 468B Qualified Settlement Fund and a

8

settlement allocation Point System designed by Special Master Francis McGovern, a Duke

9

University law professor with expertise in the development of customized settlement allocation

10
11

plans in complex civil cases.
In addition to his experience in the Station Nightclub Fire litigation, Mr. Mandell’s

12

experience includes the successful litigation against government entities, including representing

13

Senator Richard Licht in the Rhode Island Senate Reapportionment Litigation in which Justice

14

Bulman found beyond a reasonable doubt that the reapportionment plan being challenged by

15

Senator Licht was racially discriminatory, constituted improper political gerrymandering and

16

violated the constitutional principle of one person one vote. This decision was upheld by the

17

Rhode Island Supreme Court. Mr. Mandell has also successfully tried Federal Tort Claims Act

18

cases involving medical negligence, one of which resulted in a $10,000,000 verdict that was

19

affirmed on appeal.

20

Mr. Mandell has and is currently serving as counsel for the Rhode Island sub-class in the

21

national class action settlement in In re AT&T Mobility Sales Tax Litigation consolidated case

22

before the Honorable Amy St. Eve, District Judge for the Northern district of Illinois.

23

In his 36 years of practice, Mr. Mandell has obtained many other million dollar trial

24

verdicts and settlements for his clients, including recently achieving a dram shop case verdict of

25

$15,246,000.00 – the highest ever received in Washington County, Rhode Island.

26

Mark Mandell graduated from Georgetown University Law Center receiving his J.D. in

27

1974. He served as a law clerk for the Honorable U.S. District Judge Edward W. Day in the

28

United States Federal District Court in from 1974 to 1975.
13

MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

He is a Board Certified Civil Trial Specialist by the National Board of Legal Specialty

1
2

Certification and is nationally recognized and Board Certified as an expert in medical negligence

3

litigation by the American Board of Professional Liability Attorneys.
Attorney Mandell is a member of the Panel of Brief Reviewers for the National Board of

4
5

Trial Advocacy, a Fellow of the American Academy of Appellate Lawyers, a member of the

6

American Law Institute, and a member of the American Judicature Society. He has also attained

7

bar membership in United States Supreme Court, United States Court of Appeals for the First

8

Circuit, United States District Court for the District of Rhode Island and in the States of Rhode

9

Island and Alabama.
He has served as President of the Association of Trial Lawyers of America, the Roscoe

10
11

Pound Institute of Civil Justice, the Rhode Island Bar Association and the Rhode Island Trial

12

Lawyers Association. He has chaired the Board of Bar Examiners for the United States District

13

Court for the District of Rhode Island and is currently the immediate Past President-Elect of the

14

National Crime Victims Bar Association. He not only has served in these presidential roles but

15

also has served in many intermediary positions in these prestigious groups.
F. WILLIAM H. MURPHY, JR.

16
17

William H. Murphy, Jr. has practiced law for 42 years, is the Founding Partner of

18

Murphy, PA, and is a former Circuit Court Judge for the Circuit Court of Baltimore City. Judge

19

Murphy is currently a member of the Board of Governors for the State of Maryland, the Maryland

20

Trial Lawyers Association, the Board of Directors for the National Association of Criminal

21

Defense Lawyers, and a recipient of the inaugural Charles Hamilton Houston Award for Lifetime

22

Achievement in litigation
Judge Murphy graduated from the Massachusetts Institute of Technology in 1965 with a

23
24

B.S. degree in electrical engineering and from the University of Maryland School of Law in 1969

25

where he was a member of the Law Review. Judge Murphy has tried numerous high-profile

26

criminal, civil cases, and class action cases including some of the most celebrated criminal and

27

civil cases in Maryland history.

28

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14

MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

1

In August 2010, Judge Murphy represented 23 plaintiffs who were awarded $34.33

2

million in damages after a Baltimore City Jury found that they had been permanently injured in a

3

carbon monoxide release at a Baltimore restaurant.
In 2008, Judge Murphy reached a $54 million settlement with Constellation Energy on

4
5

behalf of homeowners whose private drinking wells were contaminated by coal ash.
Judge Murphy was also part of a team of lawyers that sued Ernst & Young in Devan v.

6
7

Ernst & Young in the Circuit Court for Baltimore City in 1998 and obtained a settlement of $185

8

million dollars, the largest single-defendant settlement in Maryland history. He has obtained

9

multi-million dollar results in complex civil cases and has been recognized in numerous

10

publications as one of the best trial lawyers in the history of Maryland.
Judge Murphy has handled cases in the Supreme Court of the United States, the state and

11
12

federal courts of the District of Columbia, Maryland, Delaware, Florida, Georgia, New Jersey,

13

New York, North Carolina, Pennsylvania, South Carolina, Virginia, California, West Virginia,

14

and in the United Kingdom.
Murphy, PA

15

Murphy, PA has represented countless individuals in personal injury lawsuits over the

16
17

years. Counsel from the Murphy Firm have nearly 120 years of combined litigation experience,

18

including extensive experience in class action litigation. More specifically, the firm has been

19

involved in numerous complex civil actions and multi-district litigation involving racial

20

discrimination, banking and consumer finance, environmental, pharmaceutical and lead paint

21

claims.

22

The Murphy Firm has served as counsel in class actions in both state and federal courts

23

and the following is a list of some, but not all, of the class action cases in which the firm has been

24

involved or in which it served as class or defense counsel:

25
26
27

a.

Rahn D. Jackson, et al. v. Microsoft Corp., USDC, Western District Of
Washington (2000) (Successfully defended $5 billion employment race
discrimination class action).

28
15

MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

1

b.

Monique Donaldson, et al. v. Microsoft Corp., USDC, Western District of
Washington (2001)(Successfully defended $3.5 billion employment gender
and race discrimination class action).

c.

Cummins, et al. v. H&R Block, Inc., et al., in the Circuit Court of Kanawha
County, West Virginia, (2003) (Successfully defended and coordinated
favorable national class settlement).

d.

Green, et al. v. H&R Block, Inc., et al., in the Circuit Court for Baltimore
City (1997) (Successfully defended and coordinated favorable statewide
class settlement in class action based on H&R Block’s Rapid Refund
product.)

e.

Lynne A. Carnegie on behalf of herself and All Others Similarly Situated v.
H&R Block, Inc., H&R Block Services, Inc., H&R Block Tax Services, Inc.,
HRB Royalty, Inc., and Block Financial Corporation, Household Bank,
f.s.b., HSBC Taxpayer Financial Services, Inc. and Household Finance
Corporation, USDC, Northern District of Illinois (1998) (Successfully
defended national class action alleging violations of the Truth in Lending
Act and the Racketeer Influenced and Corrupt Organizations Act.)

f.

People of the State of New York, by the Attorney General v. H&R Block,
Inc., et al., (2006) (Successfully defended H&R Block against the Attorney
General of the State of New York).

g.

Laura D. Starks v. H&R Block, et al., Circuit Court for the City of St.
Louis, Missouri (2006) (Successfully defended H&R Block in a statewide
class action based on its Express IRA product).

h.

McNulty, et al. v. H&R Block, Inc., et al., The Court of Common Pleas of
Lackawanna County (2002) (Successfully defended H&R Block in a
statewide class action based on electronic filing fees charged to
consumers).

i.

Lynn Kohan, on behalf of all similarly situated individuals v. H&R Block,
Inc., Superior Court for the District of Columbia (2006).

j.

k.

In re H&R Block, Inc., Express IRA Marketing Litigation, USDC for the
Western District of Missouri (2006) (Successfully defended H&R Block in
a national class action based on electronic filing fees charged to
consumers).
Gary J. et al. v. State of Maryland, USDC, District Court of Maryland,
(2002) (Boot Camp case) (Served as class counsel and successfully
represented class of juvenile offenders in class action against the State of
Maryland’s Department of Juvenile Justice’s detention program for
damages allegedly caused by systematic physical abuse).

l.

Rudolph A. Greene, Sr., et al. v. Famous Pawnbrokers/First Cash Loans
Inc., et al., USDC, District of Maryland (2000) (Served as class counsel

2
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5
6
7
8
9
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12
13
14
15
16
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20
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25
26
27
28

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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

and successfully represented class of debtor plaintiffs in statewide class
action against payday loan lenders).

1
2

m.

3
4
5
6
7

Gayle K. Queen, et al. v. Constellation Power Source Generation, Inc., No.
24C07009389, Circuit Court for Baltimore City (2007) (Served as class
counsel and successfully represented class of homeowner plaintiffs in
statewide class action against Constellation Power for damages allegedly
caused fly ash contamination).

G. WILLIAM M. CUNNINGHAM, JR.
Mr. Cunningham has practiced law in Mobile, Alabama for nearly 35 years. Since 1991

8

he has been with the firm of Burns, Cunningham & Mackey. Prior to that he was with Stintz,

9

Campbell, Duke, Taylor and Cunningham where he represented numerous defendants in product

10
11

liability cases.
Mr. Cunningham has been active in a number of prior MDL proceedings involving hip

12

replacements, welding rods and the BP oil spill. He was very active in the Phenylpropanolamine

13

(PPA) Products Liability Litigation MDL 1407. He and his firm represented approximately 2,000

14

potential plaintiffs and ultimately filed suit for several hundred plaintiffs. He was active in taking

15

party depositions and was one of the lead counsel for discovery of treating physicians and

16

experts. He was also active in Daubert proceedings and hearings.

17
18
19

Mr. Cunningham and his firm filed Alexandria Parrish v. Facebook, Inc., Case No. 5:12cv-00807-EJD, which is one of the related cases in this action.
III.

Attorney General Special Advisory Committee: The Moving Plaintiffs propose

20

the formation of a Special Advisory Committee consisting of three former state attorneys general

21

to provide legal and strategic advice to co-lead counsel:

22
23

A. GRANT WOODS (Arizona Attorney General from 1991 to 1999)
Grant Woods has been a trial attorney practicing in Arizona for the past thirty years.

24

During this time he has been lead counsel in major complex litigation in a wide range of areas.

25

On the civil side he has successfully litigated cases involving antitrust, fraud, breach of contract,

26

wrongful termination, medical malpractice, price fixing and toxic torts. On the criminal side, he

27

personally successfully prosecuted cases varying from conspiracy to white collar fraud to nursing

28

home abuse to murder. He has obtained jury acquittals for clients charged with crimes ranging
17

MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

1

from white collar offenses to first degree murder. In recent years, he has been appointed as a

2

Special Deputy Apache County Attorney and Special Assistant Attorney General, prosecuting

3

public corruption in Apache County, and Special Deputy Maricopa County Attorney prosecuting

4

murder cases in Maricopa County.

5

Mr. Woods maintains a private trial practice based in Phoenix, Arizona. He is a veteran

6

of over fifty jury trials including several class action lawsuits, such as: Byrl Lane v. Lifelock, Inc.,

7

USDC - 08-1977-MHM-PHX, (lead counsel with Hagens Berman - settlement pending); Holden

8

v. Arch Chemicals, Inc., CV2000-016167 (lead counsel - settled); State of AZ v. AWP, USDC 01-

9

CV-12257-PBS & 06-CV-11069-PBS (lead counsel with Hagens Berman - settled); John Hall v.

10

The Variable Annuity Life Insurance Company, USDC 09-CV-00712-JMR (lead counsel,

11

pending).

12

Recent civil jury trials include: Beth Meier v. Lithotech, Inc., CV99-15372 (lead counsel,

13

plaintiff verdict); Anani Uribe Mendez; Santos Godinez Marquez v. Mercy Healthcare Arizona,

14

Inc., CV1998-008146, (lead counsel, plaintiff verdict); Marion v. Columbia Medical Center,

15

CV1997-020134 (lead counsel, plaintiff verdict); Betty B. Wagoner v. Arizona Public Service,

16

CV99-17665 (lead counsel, plaintiff verdict); Delno Hall v. Medical Security Card Co., CV2001-

17

012017 (lead counsel, plaintiff verdict);Walters v. Maricopa County, CV2000-0396 (lead

18

counsel, plaintiff verdict); Meritage Homes v. Greg Hancock, USDC 04-CV-00384-PHX-ROS

19

(lead counsel, plaintiff verdict); Breaux v. American Family Mutual Insurance, USDC 04-CV-

20

00191-REBMJW (lead counsel, plaintiff verdict, Colorado Federal District Court); Phelan v. ILX,

21

Inc., CV2002-009716 (lead counsel, defense verdict); Rector v. The Carey Law Firm, P.C.,

22

USDC 2010-CV-6901 (lead defense counsel, bench trial, verdict pending).

23

Grant Woods served as Arizona's Attorney General from 1991-1999. He led the ballot

24

among all candidates in the 1990 and 1994 elections. Mr. Woods was President of the

25

Conference of Western Attorneys General and chaired the Civil Rights and Supreme Court

26

committees for the National Association of Attorneys General. He was selected by his peers as

27

the nation's top attorney general in 1995. He successfully argued Lewis v. Casey before the

28

United States Supreme Court. He was one of the principal architects of the states’ lawsuits
18

MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

1

against the tobacco companies and was a key negotiator in the resulting largest civil settlement in

2

history
B. MIKE MOORE (Mississippi Attorney General from 1988 to 2004)

3
4

Mike Moore was Attorney General of the State of Mississippi from 1988 – 2004 and now

5

practices law in the areas of dispute resolution and governmental relations with his own firm,

6

Mike Moore Law Firm, LLC, in Flowood, Mississippi. Prior to opening his own firm, Mr. Moore

7

practiced with Phelps Dunbar in Jackson, Mississippi.

8

He received national attention in 1994, when he filed the first suit against thirteen tobacco

9

companies making Mississippi the first state to insist that cigarette manufacturers reimburse the

10

State for costs it incurred treating smoking-related illnesses. The suit resulted in a $4.1 billion

11

settlement for the State of Mississippi. Mr. Moore also led the national tobacco litigation effort,

12

which resulted in a $246 billion recovery for all of the states. Before his sixteen years as

13

Mississippi’s Attorney General, he served as District Attorney on the Mississippi Gulf Coast for

14

two terms.

15

In 1992 Mr. Moore became the first resident Mississippian to be selected as one of the

16

Ten Most Outstanding Young Americans by the National Jaycees. Recognized by his peers as a

17

leader, in 1994 his fellow Attorneys General bestowed upon him the prestigious Wyman Award,

18

naming him the most outstanding Attorney General in the Nation. Mr. Moore also served as

19

president of the National Association of Attorneys General. In 1998 the National Law Journal

20

named him “Lawyer of the Year,” and Governing Magazine named him “Public Official of the

21

Year.” In May of 2003 the Campaign for Tobacco-Free Kids presented Mr. Moore with their

22

“Champion Award” for a decade of service in protecting America’s young people from tobacco

23

addiction and his role in protecting the nation’s health. In 2004 he was the recipient of the Julius

24

Richmond Award which is the highest award given by the Harvard School of Public Health.

25

Mr. Moore continues to stay very active in tobacco prevention work across America. He

26

chairs The Partnership for a Healthy Mississippi, the State’s tobacco prevention program that he

27

founded after the settlement in 1998, and serves as chairman of the State’s Tobacco Control

28

Advisory Council. Mr. Moore serves as a board member for Big Brothers Big Sisters of America,
19

MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

1

the Cal Ripken, Sr. Foundation, the National Center for Missing & Exploited Children, and the

2

Campaign for Tobacco-Free Kids. He is involved with Boys and Girls Clubs nationally and

3

works closely with TLO, a company that is dedicated to creating technology to protect children

4

from child predators.

5
6

C. RICHARD IEYOUB (Louisiana Attorney General from 1992 to 2004).
Richard Ieyoub is a native of Lake Charles, Louisiana and was educated in the Catholic

7

and public schools of that city. He received his B.A. degree in history from McNeese State

8

University. He entered Louisiana State University Law School in 1969 and obtained his Juris

9

Doctorate degree in 1972.

10

After being admitted to the bar in October of 1972, he served as a prosecutor in the

11

criminal division of the State Attorney General’s Office. In this position he prosecuted criminal

12

cases and represented the state as appellate counsel in appeals taken by convicted felons to the

13

Louisiana Supreme Court. In 1975, he left the Attorney General’s Office and returned to Lake

14

Charles and entered into the private practice of law. During his nine years in private practice he

15

tried both civil and criminal cases.

16

In 1984, he was elected District Attorney of Calcasieu Parish. In 1990, he was re-elected

17

District Attorney without opposition. During his tenure as District Attorney of Calcasieu Parish,

18

he served as president of the Louisiana District Attorney’s Association. He also served as

19

president of the National District Attorney’s Association. President George H.W. Bush appointed

20

Mr. Ieyoub to serve as a member of the National Commission on Model State Drug Laws. The

21

commission was charged with the responsibility of developing and preparing model state

22

legislation to prevent the illegal use and distribution of drugs.

23

In 1991, he was elected to his first term as Attorney General of the State of Louisiana. In

24

this election he received the highest vote total any candidate has ever received in the State, more

25

than 1.1 million votes. He was re-elected to a second term in 1995, once again obtaining over 1

26

million votes. He was re-elected to his third term without opposition in 1999. During his three

27

terms as Attorney General, he made improving the quality of life for the citizens of Louisiana a

28

top priority by fighting crime and standing up for children and families.
20

MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

While serving as Attorney General, Mr. Ieyoub personally argued more cases before the

1
2

United States Supreme Court than any other sitting Attorney General. As a criminal defense

3

lawyer in private practice, he argued numerous criminal cases before the Louisiana Supreme

4

Court. He also argued before the U.S. Fifth Circuit Court of Appeal and the United States

5

Supreme Court.
Attorney General Ieyoub successfully concluded the state’s lawsuit against Texaco for

6
7

failure to pay the State oil royalties for the lease of state lands. The settlement of this case

8

resulted in the payment of two hundred fifty million dollars by Texaco to the State of Louisiana.

9

Texaco also agreed to initiate certain business practices which significantly increased the amount

10

of oil exploration on state lands and the number of oil related jobs for Louisiana citizens.
Attorney General Ieyoub also led Louisiana’s lawsuit against the tobacco companies to

11
12

recover monies expended by the state Medicaid program for the treatment of smoking related

13

diseases. Louisiana received 4.6 billion dollars in the settlement of this case and the tobacco

14

companies were forced to cease and desist in the use of cigarette advertisements specifically

15

geared to appeal to minors.
As a result of Hurricane Katrina, the infrastructure of the Orleans Parish Criminal Justice

16
17

System was completely destroyed. New Orleans Mayor Ray Nagin appointed Mr. Ieyoub to

18

serve as his representative on a task force that worked with federal agencies to rebuild court

19

rooms, jails, and other criminal justice facilities. Additionally, the task force made

20

recommendations for improving the administration of criminal justice in Orleans Parish.
After leaving office in January of 2004, Mr. Ieyoub entered the private practice of law in

21
22

Baton Rouge, Louisiana. His practice areas include civil and criminal litigation and appellate

23

practice, governmental relations, strategic business developments, negotiations and dispute

24

resolutions. He joined the law firm of Hymel Davis & Petersen in September of 2010.

25

///

26

///

27

///

28

///
21

MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

1

IV.

Liaison Counsel: The Moving Plaintiffs propose the appointment of a single

2

liaison counsel with a California office to assist with filings and court appearances at the direction

3

of co-lead counsel: KIESEL, BOUCHER & LARSON, LLP.

4

Paul Kiesel received his Juris Doctor from the Whittier College School of Law in Los

5

Angeles in 1985. In 2005, he was awarded an Honorary Doctor of Law from Whittier Law

6

School. His practice is devoted to representing consumers in personal injury, class action,

7

pharmaceutical, and environmental and environmental litigation.

8

Mr. Kiesel has repeatedly been selected as one of the top plaintiff attorneys in the State of

9

California and the country. The Los Angeles Business Journal recognized Mr. Kiesel as one of

10

the Top 50 Trial Lawyers. The Daily Journal named Mr. Kiesel one of the 100 most influential

11

attorneys in the State of California. He was also selected as one of the top 500 attorneys in the

12

United States by Law Dragon. In addition, Mr. Kiesel is rated A.V. (highest rating) by

13

Martindale-Hubbell.

14

Mr. Kiesel is very active in the legal community. He is a current officer of the Los

15

Angeles County Bar Association and was the past Chair of the Litigation Section. He was

16

appointed by former Chief Justice Ronald George to the State of California Judicial Council Civil

17

and Small Claims Advisory Committee. He served on the Board of Governors for the Consumer

18

Attorneys of California and the Consumer Attorneys Association of Los Angeles for over 10

19

years. In recognition of his service, Mr. Kiesel was elected an emeritus (lifetime) board member

20

of both organizations. From 2001-2005, Mr. Kiesel sat on the Board of Governors of the

21

Association of Business Trial Lawyers. Mr. Kiesel is currently the Co-Chair of the Open Courts

22

Coalition, a bipartisan committee of attorneys from throughout California advocating full-funding

23

of the civil justice system. Members of the Open Courts Coalition include Niall McCarthy,

24

president of the Consumer Attorneys of California, the Honorable Carlos Moreno, former

25

Governors Gray Davis and George Deukmejian, Los Angeles Mayor Antonio Villaragosa, and

26

former California Attorney General John VanDekamp.

27
28

Mr. Kiesel has extensive experience in complex litigation, including environmental,
construction defect, product defect, and pharmaceutical actions. Mr. Kiesel currently serves as
22

MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

1

national Lead Counsel in the federal Multi-District Litigation against Glaxo Smith Kline for

2

injuries caused by its pharmaceutical drug, Avandia- MDL 1871. There are over 20,000 personal

3

injury cases, a half-dozen consumer class cases, and several state actions pending in the Avandia

4

MDL. Mr. Kiesel served as Liaison Counsel in the litigation arising out of the 2008 Chatsworth

5

Metrolink crash that killed 24 individuals and injured over 100 people. As Liaison Counsel, Mr.

6

Kiesel coordinated the successful resolution of the cases for $200 Million, the maximum recovery

7

allowed by law.

8

Currently, Mr. Kiesel represents many individuals and their families in significant

9

personal injury and wrongful death cases. Among his many clients, Mr. Kiesel represented former

10

Governor Gray Davis in a challenge to the qualification of the 2003 recall election. Mr. Kiesel

11

currently represents numerous municipalities, including the City of Los Angeles, in a class action

12

on behalf of all cities in the State of California for payment of occupancy taxes owed by the

13

online travel industry.

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16
17
18
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26
27
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23

MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)